1

Kay, Rynda

From: Hong, Jeanhee

Sent: Wednesday, April 23, 2014 7:57 AM

To: Schnell, Joshua - OGC

Cc: Drake, Kerry; Spiegelman, Nina; Kay, Rynda; Perez, Idalia; Steckel, Andrew; Johnson, 

Stephanie - OGC

Subject: RE: Summaries of 1619 and EQIP.

Joshua, 

 

Thanks much for your quick and helpful response. We will add the reference to the funding authorities that 

you provided, and we'll note the general FOIA exemptions in a footnote following the line about section 1619 

(as shown below). Thanks again to both of you for your generous assistance. 

 

7 U.S.C § 608d(2) concerns information relating to ‘marketing agreements’ and ‘marketing order programs’ 

under the Agricultural Adjustment Act (7 U.S.C. §§ 601 et. seq.) and does not apply to the NRCS’s 

implementation of EQIP. The key statutory provision that governs disclosure of information submitted by 

agricultural producers or owners of agricultural land to participate in EQIP is section 1619 of the Food, 

Conservation, and Energy Act of 2008 (Pub. L. 110-246, 7 U.S.C. § 8791). [FN1]

 

FN1: The general Freedom of Information Act exemptions in 5 U.S.C. § 552(b) also apply to EQIP information.

From: Schnell, Joshua - OGC <JOSHUA.SCHNELL@OGC.USDA.GOV>

Sent: Wednesday, April 23, 2014 5:31 AM 

To: Hong, Jeanhee 

Cc: Drake, Kerry; Spiegelman, Nina; Kay, Rynda; Perez, Idalia; Steckel, Andrew; Johnson, Stephanie - OGC 

Subject: RE: Summaries of 1619 and EQIP. 

 

Jeanhee – 

I think your paragraph on 7 U.S.C. § 608(d)(2) and section 1619 is accurate, but you may want to explain that the general 

FOIA exemptions also apply to EQIP information. EQIP funding is currently authorized by section 2601(a)(5) of the 

Agricultural Act of 2014 (Pub. L. 113-79, 16 U.S.C. § 3841(a)(5)). Just let us know if you have any additional questions. 

Thanks, 

Josh 

________________________________________________________

Joshua Schnell

Office of General Counsel | Natural Resources and Environment Division

1400 Independence Ave., SW | Washington, DC 20250-1400

(202) 720-5769 (Phone) | (202) 690-2730 (Fax)

joshua.schnell@usda.gov | www.usda.gov

NOTICE: This e-mail message and the attachments transmitted with it may contain legally privileged and confidential information. If 

the reader of this e-mail message is not the intended recipient, you are notified that any dissemination, distribution, copying or 

other use of this message is strictly prohibited.

From: Hong, Jeanhee [mailto:Hong.Jeanhee@epa.gov] 

Sent: Tuesday, April 22, 2014 4:22 PM 

To: Schnell, Joshua - OGC 

Cc: Drake, Kerry; Spiegelman, Nina; Kay, Rynda; Perez, Idalia; Steckel, Andrew; Johnson, Stephanie - OGC 

Subject: FW: Summaries of 1619 and EQIP.
2

 

Joshua,

Per Stephanie’s out-of-office message, I’m forwarding to you a few questions about NRCS that we’re hoping you might 

be able to advise on. We’d appreciate comments or suggestions, if possible by end of the week. Thanks.

________________________________

Jeanhee Hong

Assistant Regional Counsel

U.S. EPA, Region IX

75 Hawthorne Street (ORC-2)

San Francisco, CA 94105

(415) 972-3921 (phone)

(415) 947-3570 (fax)

From: Hong, Jeanhee 

Sent: Tuesday, April 22, 2014 12:18 PM 

To: 'stephanie.johnson@ogc.usda.gov' 

Cc: Drake, Kerry; Spiegelman, Nina; Kay, Rynda; Perez, Idalia; Steckel, Andrew 

Subject: FW: Summaries of 1619 and EQIP.

 

Stephanie,

Thank you for the helpful explanations you provided below. Could you review the following questions and send us your 

thoughts and any suggested edits, if possible by end of this week? We’d be happy to explain by phone if that would 

help. Thanks again.

1) Is this an accurate statement: 7 U.S.C § 608d(2) concerns information relating to ‘marketing agreements’ and 

‘marketing order programs’ under the Agricultural Adjustment Act (7 U.S.C. §§ 601 et. seq.) and does not apply 

to the NRCS’s implementation of EQIP. The statutory provision that governs disclosure of information submitted 

by agricultural producers or owners of agricultural land to participate in EQIP is section 1619 of the Food, 

Conservation, and Energy Act of 2008 (Pub. L. 110-246, 7 U.S.C. § 8791).

 

2) Could you provide the statutory authority for EQIP funding as shown in red below (green font is text you 

provided below): 

 

The United States Department of Agriculture (USDA) administers the Environmental Quality Incentives Program 

(EQIP), which the United States Congress established under section 334 of the Federal Agriculture Improvement 

and Reform Act of 1996 (Pub. L. 104-12, 16 U.S.C. §§ 3839aa – 3839aa-9). USDA has delegated authority to 

administer the program to the Natural Resources Conservation Service (NRCS). 7 CFR 2.61(a)(13)(viii). The 

purpose of EQIP is to promote agricultural production, forest management, and environmental quality as 

compatible goals, and to optimize environmental benefits. 16 U.S.C. § 3839aa. Through this voluntary program, 

NRCS assists enrolled agricultural producers in implementing conservation measures on their private land to 

address soil, water, air, and related natural resources concerns, wildlife habitat, surface and groundwater 

conservation, and related natural resource concerns. 7 C.F.R. 1466.1(a). The financial and technical assistance 

provided by NRCS under the program helps producers comply with environmental regulations and enhance 

agricultural and forested lands in a cost-effective and environmentally beneficial manner. Id. Funding for EQIP 

is authorized by [STATUTORY/REGULATORY CITE(S)]. 

________________________________

Jeanhee Hong
3

Assistant Regional Counsel

U.S. EPA, Region IX

75 Hawthorne Street (ORC-2)

San Francisco, CA 94105

(415) 972-3921 (phone)

(415) 947-3570 (fax)

From: Drake, Kerry 

Sent: Tuesday, April 01, 2014 1:39 PM 

To: Perez, Idalia; Spiegelman, Nina; Kay, Rynda; Steckel, Andrew; Hong, Jeanhee 

Subject: FW: Summaries of 1619 and EQIP.

 

FYI, the USDA paragraphs. 

From: Johnson, Stephanie - OGC [mailto:Stephanie.Johnson@OGC.USDA.GOV] 

Sent: Monday, March 31, 2014 3:23 PM 

To: Drake, Kerry 

Subject: Summaries of 1619 and EQIP. 

 

Kerry, Below are my initial attempts at short paragraphs explaining EQIP and 1619. Let me know if you need different 

language/descriptions for the rule preamble. Feel free to contact me of you would like to discuss: 

The United States Department of Agriculture (USDA) administers the Environmental Quality Incentives Program 

(EQIP), which the United States Congress established under section 334 of the Federal Agriculture Improvement and 

Reform Act of 1996 (Pub. L. 104-12, 16 U.S.C. §§ 3839aa – 3839aa-9). USDA has delegated authority to administer the 

program to the Natural Resources Conservation Service (NRCS). 7 CFR 2.61(a)(13)(viii). The purpose of EQIP is to 

promote agricultural production, forest management, and environmental quality as compatible goals, and to optimize 

environmental benefits. 16 U.S.C. § 3839aa. Through this voluntary program, NRCS assists enrolled agricultural 

producers in implementing conservation measures on their private land to address soil, water, air, and related natural 

resources concerns, wildlife habitat, surface and groundwater conservation, and related natural resource concerns. 7 

C.F.R. 1466.1(a). The financial and technical assistance provided by NRCS under the program helps producers comply 

with environmental regulations and enhance agricultural and forested lands in a cost-effective and environmentally 

beneficial manner. Id. 

 

 Under section 1619 of the Food, Conservation, and Energy Act of 2008 (Pub. L. 110-246, 7 U.S.C. § 8791), the 

United States Congress prohibited the Secretary of Agriculture and any officer or employee of the United States 

Department of Agriculture (USDA) from disclosing information provided by an agricultural producer or owner of 

agricultural land concerning the agricultural operation, farming or conservation practices, or the land itself, in order to 

participate in a USDA program. 7 U.S.C. § 8791. Any contractor or cooperator of the USDA is similarly prohibited from 

disclosing such information. Id. There are several exceptions to this prohibition, including that USDA may disclose 

information if into a transformed into a statistical or aggregate form without naming any individual owner, operator or 

producer or a specific data gathering site. Id. Additionally, USDA may disclose information if the agricultural producer or 

owner of the agricultural land consents to the disclosure. Id. 

Stephanie V. Johnson

Natural Resources and Environment Division

Office of the General Counsel, USDA

Rm. 3344B South Building

1400 Independence Ave, S.W.

Washington, D.C. 20250

202-720-1997 direct
4

202-690-2730 fax

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